CANNABIS TESTING CERTAIN EMPLOYEES

New Mexico's SB 269 clarifies that employers cannot take adverse job actions (like termination) against qualified medical cannabis patients under the Lynn and Erin Compassionate Use Act, except for impairment during work hours or on company premises. It bans random cannabis testing and restricts testing to cases with reasonable suspicion of impairment during work or after accidents involving others or property damage. The bill requires the Department of Health and Workforce Solutions to create evidence-based guidelines for determining cannabis impairment, focusing on physical and cognitive indicators. These guidelines will be shared with employers and state agencies to ensure consistent application. The law directly affects medical cannabis patients employed in New Mexico who hold a qualifying patient status.